North Carolina litigants commonly assert claims under the Unfair and Deceptive Trade Practices Act. But the tantalizing prospect of being awarded treble damages and attorneys’ fees can blind attorneys to the statute’s...more
Serving as a company official—whether an LLC manager or an officer or director of a corporation—can sometimes be a risky prospect. Company officials on occasion find themselves at the center of complex litigation solely...more
4/19/2023
/ Advancement ,
Board of Directors ,
Business Court ,
Business Court Division ,
Corporate Officers ,
Corporations Code ,
Domestic Corporations ,
Indemnification ,
Limited Liability Company (LLC) ,
Litigation Fees & Costs ,
Managers ,
Personal Liability ,
Reimbursements ,
Uniform Limited Liability Company Act
Williams Mullen’s Firearms Industry Group and Orchid are excited to announce the 2023 Firearms Industry Conference (FIC) will be held May 1-3, 2023 in Atlanta, GA. The ninth annual industry event will continue to expand with...more
Recent developments may cause firearms manufacturers to reevaluate their business and marketing practices to lessen their legal exposure. As we wrote previously, the Protection of Lawful Commerce in Arms Act (PLCAA) provides...more
12/7/2022
/ Advertising ,
Civil Liability ,
Firearms ,
First Amendment ,
Free Speech ,
Gun Control Act ,
Gun Laws ,
Gun Manufacturers ,
Immunity ,
Risk Assessment ,
Risk Mitigation
...join us for Ideas for Businesses to Navigate Economic Uncertainty, a webinar comprised of brief - only 15 minutes each! - presentations tailored to meet the needs of senior executives and leaders of in-house legal...more
10/11/2022
/ Business Litigation ,
Capital Raising ,
Economic Downturn ,
Employee Incentive Plans ,
Employee Retention ,
Equity ,
Financial Distress ,
Hiring & Firing ,
Hiring Freeze ,
Human Resources Professionals ,
Intellectual Property Protection ,
Investors ,
Involuntary Reduction in Force ,
Layoffs ,
Risk Mitigation ,
Tax Planning ,
Third-Party Risk ,
Trademark Application ,
Trademarks ,
Union Organizers ,
Unions ,
Webinars
In January 2020, the U.S. Departments of State and Commerce published regulations transferring certain firearms, ammunition, components, and accessories from controls under the International Traffic in Arms Regulations (ITAR)...more
On March 17, 2022 the Williams Mullen’s Firearms Industry Group issued an alert, “ATF Regulations Coming: (re)Defining a "Firearm," Stabilizing Braces and Solvent Traps,” in which we noted the ATF has been busy and will be...more
Supply chain considerations for firearms industry members break down into two key relationships: your customers and your vendors. Ensuring that you have the components and other supplies you need and ensuring that you can...more
The ATF has been and will be busy in the coming weeks and could issue new regulations before the 2022 Firearms Industry Conference (FIC), April 26 – 27 in Atlanta, Georgia.
(re)Defining a "Firearm" -
In May 2021,...more
Williams Mullen’s Firearms Industry Group and Orchid are excited to announce open registration for the revamped 2022 Firearms Industry Conference (FIC), to be held in Atlanta this April. All Federal Firearms Licensees (FFLs)...more
Selling firearms and related accessories through e-commerce poses a unique challenge to vendors selling products online. Complex compliance issues are present in each transaction because every item must be sold in compliance...more
4/27/2021
/ Ammunition ,
ATF ,
Compliance ,
E-Commerce ,
Firearms ,
Gun Control Act ,
Gun Laws ,
Immunity ,
Internet Retailers ,
Protection of Lawful Commerce in Arms Act (PLCCA) ,
Risk Management ,
State and Local Government
As firearms industry participants well know, gun sales continue to break records. Last year alone, nearly 40 million National Instant Criminal Background Check System (NICS) checks were performed....more
3/30/2021
/ ATF ,
Background Checks ,
Clickwrap Agreements ,
Criminal Background Checks ,
E-Commerce ,
Firearms ,
Gun Laws ,
Internet Retailers ,
Manufacturers ,
Retailers ,
Terms and Conditions
Orchid LLC and Williams Mullen’s Firearms Industry Group will host the 2021 Firearms Industry Compliance Conference (“FICC”)...
The 2021 conference is designed primarily for manufacturing CEO / owners, attorneys, and...more
3/17/2021
/ ATF ,
Business Operations ,
Business Strategies ,
Capital Raising ,
Chief Compliance Officers ,
Compliance ,
Continuing Legal Education ,
Directorate of Defense Trade Controls (DDTC) ,
E-Commerce ,
Events ,
Export Administration Regulations (EAR) ,
Exports ,
FBI ,
Firearm Transportation ,
Firearms ,
Imports ,
Intellectual Property Protection ,
Liability ,
Manufacturers ,
Manufacturing Facilities ,
Protection of Lawful Commerce in Arms Act (PLCCA) ,
Retailers
Do gun manufacturers really have blanket immunity from lawsuits? No, not even close....more
North Carolina Governor Roy Cooper has signed into law House Bill 118, which creates qualified immunity from legal liability over claims arising from the transmission of COVID-19. In this article, we provide a brief summary...more
On January 23, 2020, the State and Commerce Departments published their long-awaited final regulations on the transfer of certain firearms, ammunition, components and accessories from controls under the International Traffic...more
2/7/2020
/ Bureau of Industry and Security (BIS) ,
Directorate of Defense Trade Controls (DDTC) ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Final Rules ,
Firearms ,
ITAR ,
New Regulations ,
U.S. Commerce Department ,
USML
If you’re thinking about lending to a firearms industry member, you need to take special precautions. Firearms laws are complex, and impact multiple aspects in transactions. This podcast touches upon major areas of which you...more
10/23/2019
/ Acquisitions ,
ATF ,
Change of Control ,
Compliance ,
Department of Defense (DOD) ,
Firearms ,
Gun Laws ,
Inventory ,
Licenses ,
Mergers ,
Responsible Person Liability
On May 24, 2018 the State and Commerce Departments issued proposed regulations regarding the transfer of export jurisdiction for commercial firearms and ammunition from the International Traffic In Arms Regulations (“ITAR”)...more
The firearms industry had a strong year in 2017 and will again kick off the new year with the Shooting, Hunting, Outdoor Trade Show (SHOT Show), the global trade show for all professionals involved with the shooting sports,...more
On September 19th, Utah based SilencerCo released the Maxim 50, a suppressed muzzleloader that is not subject to the $200 tax and long wait times typically associated with a suppressor or suppressed firearm. How? ...more
This article is part of a continuing series on Operation Choke Point. The first article contains a more detailed overview of the history, origin, and evolution of Operation Choke Point and analyzes a still ongoing lawsuit...more
The U.S. firearms industry is regulated under the National Firearms Act, Gun Control Act and other federal and state firearms laws. However there is another important area of regulation that applies to the firearms industry...more
The State Department has issued new policy guidance regarding the requirement for gunsmiths and others involved in the firearms industry to register with the State Department under Part 122 of the International Traffic In...more
On June 20, the Senate voted on four proposals to amend federal gun control laws. These proposals, being considered just 9 days after Omar Mateen attacked the Pulse nightclub in Orlando, actually were not expected to be...more
The ATF has just released a new ruling — ATF Ruling 2016-1 — that modernizes the procedures for federal firearms licensees to keep their acquisition and disposition records in electronic format. The former procedures under...more